Windouran Local Environmental Plan 1999 (NSW)

Part 1Preliminary1Name of Plan

This plan may be cited as Windouran Local Environmental Plan 1999.

2Aims, objectives etc

The general aims of this plan are:

• (a)

  to encourage the proper management, development and conservation of natural and human resources within the Windouran local government area by protecting, enhancing and conserving:

  • (i)

    prime crop and pasture land,

  • (ii)

    timber, minerals, soil, water and other natural resources,

  • (iii)

    areas of significance for nature conservation, including habitat of threatened species, populations and communities and areas of native vegetation,

  • (iv)

    areas of high scenic or recreational value,

  • (v)

    places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

  • (vi)

    the bed and banks of a river, and

  • (vii)

    waterways and associated wetlands for their fish and fish habitat values, and

• (b)

  to replace the former planning controls with a single local environmental plan to help facilitate the growth and development of the Windouran local government area in a manner which:

  • (i)

    is consistent with the aims specified in paragraph (a),

  • (ii)

    minimises the cost to the community of fragmented and isolated development of rural land, and

  • (iii)

    facilitates the efficient and effective provision of amenities and services,

  • (iv)

    facilitates a range of residential and employment opportunities in accordance with demand,

  • (v)

    facilitates farm adjustments,

  • (vi)

    ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land, and

  • (vii)

    provides for orderly development of tourist activities.

3Land to which plan applies

This plan applies to all land within the Windouran local government area as shown on the map.

4Relationship to other environmental planning instruments(1)

This plan repeals:

• (a)

  Interim Development Order No 1—Shire of Windouran, and

• (b)

  such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied only to land to which this plan applies.

(2)

This plan does not affect the provisions of Murray Regional Environmental Plan No 2—Riverine Land as they apply to the Windouran local government area.

5Definitions(1)

In this plan:

agriculture means:

• (a)

  horticulture, or

• (b)

  the use of land for any purpose of husbandry, including the keeping or breeding of livestock (exclusive of intensive livestock keeping), poultry or bees and the growing of vegetables, cereals, fibre crops and the like.

animal boarding or training establishment means a place for the commercial boarding, breeding, keeping or training of animals, and includes a riding school and veterinary clinic.

appointed day means the day on which this plan takes effect.

archaeological site means land identified as such a site on the map.

arterial road means an existing road indicated on the map by heavy broken black lines.

aquaculture means the growing and harvesting of fish or shellfish in land based ponds.

bank means the limit of the bed of a river.

bed, in relation to a river, means the whole of the soil of the channel in which the river flows, including the portion which is alternatively covered and left bare as there may be an increase or diminution in the supply of water and which is adequate to contain it at its average or mean stage without reference to extraordinary freshets in the time of flood or to extreme drought.

caravan park means land used as a site for moveable dwellings, including tents and caravans and other vehicles used for temporary or permanent accommodation.

Council means the Council of the Windouran local government area.

demolish, a heritage item or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

environmentally sensitive land means land shown horizontally hatched with black lines on the map.

existing holding means:

• (a)

  except as provided by paragraph (b)—the area of a lot, portion or parcel of land as it was as at 22 August 1980, or

• (b)

  where, as at 22 August 1980, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land—the aggregation of those lots, portions or parcels as they were on that day.

flood liable land means land shown diagonally hatched with black lines on the map marked “Windouran Local Environmental Plan 1999—Flood Liable Land Map”.

heritage conservation area means land shown edged heavy black and marked “heritage conservation area” on the map and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 1.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

horticulture means fruit farming and vegetable farming, and includes plant propagation, plant breeding, ornamental floriculture and landscape horticulture.

integrated housing means development that consists of:

• (a)

  the subdivision of land into 5 or more allotments each having an area of not less than 232 square metres, and

• (b)

  the erection of a single dwelling-house on each of the allotments created by that subdivision.

intensive livestock keeping establishment means a building or place in which or on which fish, cattle, sheep, goats, dogs, cats, poultry or other livestock are held for the purpose of breeding, boarding or nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

• (a)

  feed lots,

• (b)

  piggeries, and

• (c)

  poultry farms,

but does not include an animal boarding or training establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, and does not include a building or place used for short term feeding or feed lots operated during periods of declared drought or immediately following bushfire or flood.

levee means an earthwork or embankment which forms or is intended to form a structure to control the movement of natural flood water.

potential archaeological site means a site shown as such on the map and includes a site know to the Council to have archaeological potential even if it is not so identified and shown.

prime crop and pasture land means land within an area identified, on a map prepared by or on behalf of the Department of Agriculture that is deposited in the office of the Council and a copy of which is deposited in an office of the Department of Agriculture, as Class 1, Class 2 or Class 3 land, or as land of merit for special agricultural uses, but does not include land which the Director-General of that Department has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.

recreation area means:

• (a)

  a children’s playground,

• (b)

  an area used for sporting activities or sporting facilities, or

• (c)

  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

  • (i)

    a public authority, or

  • (ii)

    a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community, but does not include a racecourse or a showground.

relic means any deposit, object or material evidence (such as human remains) relating to:

• (a)

  the use or settlement of the area of Windouran, not being Aboriginal habitation, which is more than 50 years old, or

• (b)

  Aboriginal habitation of the area of Windouran before or after its occupation by persons of European extraction.

river means the Billabong Creek or the Edward River.

sandhill vegetation clearing means any manner of destruction of trees, shrubs or plants, native vegetation, or dead trees, on a dune consisting of sandmount or other sand, including the cutting, felling, chaining, rolling, ringbarking, poisoning or burning of trees, shrubs or plants, but does not include destruction of noxious weeds or plants or trees that are dead or dangerous.

wetland means land which forms a shallow water body when inundated cyclically, intermittently or permanently, being any inundation that determines the types and productivity of soils and the plant and animal communities.

Whole Farm Plan means a plan which is prepared in accordance with guidelines issued by the New South Wales Department of Agriculture for such plans.

the map means the map marked “Windouran Local Environmental Plan 1999”, as amended by the maps (or specified sheets of the maps) marked as follows.

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

tree includes a sapling, shrub and scrub but does include regrowth of eucalyptus camaldulensis where that regrowth is less than 1.5 metres in height.

(2)

In this plan, a reference to the destruction of a tree is a reference to the ringbarking, cutting down, felling, poisoning, topping, lopping, removing or other destruction or injury of a tree.

(3)

In this plan:

• (a)

  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

• (b)

  a reference to a map is a reference to a map deposited in the office of the Council, and

• (c)

  a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner identified in clause 8 as the means of identifying land in the zone so specified.

(4)

Notes in this plan do not form part of this plan.

6Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980, except for:

• (a)

  the definitions of agriculture, arterial road, and map in clause 4 (1), and

• (b)

  clauses 29 and 34,

are adopted for the purposes of this plan.

7Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2Zones8Zones indicated on the map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified below in relation to that zone:

• •

  Zone No 1 (a) (General Rural Zone)—edged heavy black and lettered “1 (a)”.

• •

  Zone No 1 (c) (Rural Small Holdings Zone)—edged heavy black and lettered “1 (c)”.

• •

  Zone No 1 (f) (Rural (Forests) Zone)—edged heavy black and lettered “1 (f)”.

• •

  Zone No 2 (v) (Village or Urban Zone)—edged heavy black and lettered “V”.

9Zone objectives and development control table(1)

The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause:

• (a)

  development that may be carried out without development consent,

• (b)

  development that may be carried out only with development consent, and

• (c)

  development that is prohibited,

is specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)

Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

(General Rural Zone)1Objectives of zone

The objective of this zone is to promote the proper management and utilisation of resources by:

• (a)

  protecting, enhancing and conserving:

  • (i)

    agricultural land in a manner which sustains its efficient and effective agricultural production potential,

  • (ii)

    soil stability by controlling and locating development in accordance with soil capability,

  • (iii)

    forests of existing and potential commercial value for timber production,

  • (iv)

    valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development in order to ensure the efficient extraction of those deposits,

  • (v)

    trees and other native vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity, recreation, and protected or threatened species, populations, or ecological communities or their habitats (including corridors), or is likely to control land degradation,

  • (vi)

    water resources for use in the public interest,

  • (vii)

    areas of significance for nature conservation, including areas with rare, threatened and protected plant species, populations and communities (including native grasslands), wetlands and significant wildlife habitat and corridors, and

  • (viii)

    places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

• (b)

  preventing the unjustified development of prime crop and pasture land for purposes other than agriculture,

• (c)

  facilitating farm adjustments,

• (d)

  minimising the cost to the community of:

  • (i)

    fragmented and isolated development of rural land, and

  • (ii)

    providing, extending and maintaining public amenities and services, and

• (e)

  providing land for future urban development, for future rural residential development and for future development for other non-agricultural purposes, in accordance with the need for that development.

2Without development consent

Development for the purpose of:

• •

  agriculture (other than ancillary dwellings, animal boarding or training establishments, intensive livestock keeping establishments and sandhill vegetation clearing), forestry (other than ancillary dwellings and pine plantations).

3Only with development consent

Any development not included in item 2 or 4.

4Prohibited

Development for the purpose of:

• •

  integrated housing, motor showrooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area).

(Rural Small Holdings Zone)1Objectives of zone

The objective of this zone is to promote the development of land identified as suitable for:

• (a)

  rural residential or hobby farm development, or

• (b)

  the creation of small holdings to allow an attractive rural lifestyle on land that lacks commercial agricultural potential.

2Without development consent

Development for the purpose of:

• •

  agriculture (other than ancillary dwellings, animal boarding and training establishments and intensive livestock keeping establishments).

3Only with development consent

Any development not included in item 2 or 4.

4Prohibited

Development for the purpose of:

• •

  boarding-houses; caravan parks; commercial premises; hotels; industries other than rural industries; integrated housing; intensive livestock keeping; motels; motor showrooms; offensive or hazardous industries; piggeries; refreshment rooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area).

(Rural (Forests) Zone)1Objectives of zone

The objective of this zone is to permit the continuation and expansion of forestry and development for associated purposes.

2Without development consent

Development for the purpose of:

• •

  agriculture (other than animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3Only with development consent

Nil.

4Prohibited

Any development not included in item 2.

(Village or Urban Zone)1Objectives of zone

The objective of this zone is to promote development in existing towns and villages in a manner which is compatible with their urban function.

2Without development consent

Nil.

3Only with development consent

Any development not included in item 4.

4Prohibited

Development for the purpose of:

• •

  extractive industries; intensive livestock keeping establishments; mines; offensive or hazardous industries.

Part 3Special provisions10General considerations for development within rural zones(1)

The Council shall not consent to development on land within Zone No 1 (a) or 1 (c) unless it has taken into consideration, if relevant, the effect of the carrying out of that development on:

• (a)

  the present use of the land, the potential use of the land for the purpose of agriculture and the potential of any land which is prime crop and pasture land for sustained agricultural production,

• (b)

  vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of watercourses and ground water storage and riparian rights),

• (c)

  the future extraction of known valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials and areas considered to be prospective for these materials,

• (d)

  the protection of areas of significance for nature conservation, including the conservation of threatened and protected species, populations or ecological communities and their habitats (including corridors), or of high scenic or recreational value, and the protection of places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

• (e)

  the cost of providing, extending and maintaining public amenities and services to the site of the development,

• (f)

  future expansion of settlements in the locality, and

• (g)

  where the land is within Zone No 1 (a) and within 400 metres of the bank of a river or wetland areas, the effect of the development on the riparian land of that river or wetland.

(2)

As well as the matters referred to in subclause (1), the Council shall take into consideration the relationship of the proposed development to development on adjoining land or on other land in the locality.

11Subdivision of land generally(1)

A person shall not subdivide land to which this plan applies except with the consent of the Council.

(2)

Consent must not be granted for a subdivision of land within Zone No 1 (a) or 1 (c) unless the consent authority has:

• (a)

  made an assessment of the primary purpose for which each proposed allotment is intended to be used,

• (b)

  identified any proposed allotment which it is satisfied is intended to be used for the purpose of agriculture,

• (c)

  identified any proposed allotment which it is satisfied is intended to be used for the purpose of a dwelling-house,

• (d)

  identified any proposed allotment on which it is satisfied a dwelling-house will be erected and made an assessment of whether or not the primary purpose for which the allotment is being created is for the erection of the dwelling-house, and

• (e)

  identified the approximate location of any dwelling-house erected on the land at the date of the application for consent.

12Subdivision for the purpose of agriculture within Zone No 1 (a)(1)

The Council may consent to the creation of an allotment within Zone No 1 (a) of any area for the purpose of agriculture.

(2)

The Council shall not consent to the creation of an allotment within Zone No 1 (a) for the purpose of agriculture if there already is a dwelling-house on the allotment unless the land has an area of not less than 200 hectares.

(3)

(Repealed)

Note—

Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 also enables the subdivision of lots for the purposes of primary production.

13Subdivision for other purposes within Zone No 1 (a)(1)

The Council shall not consent to a subdivision of land within Zone No 1 (a) if any allotment to be created by the subdivision is to be used primarily for purposes other than agriculture or a dwelling-house, unless, in the opinion of the Council:

• (a)

  none of the land in the proposed allotment is prime crop and pasture land, and

• (b)

  the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created.

(2)

Nothing in subclause (1) prevents the Council from granting consent to a subdivision of land to create an allotment to be used for a purpose other than agriculture or a dwelling-house if the Council is satisfied that:

• (a)

  the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality,

• (b)

  no other land in the locality could reasonably be used for that purpose, and

• (c)

  the level of demand for the goods or services which are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the allotment despite its agricultural value.

14

(Repealed)

15Subdivision for the purpose of dwelling-houses within Zone No 1 (c)(1)

The Council shall not consent to a subdivision of land within Zone No 1 (c) unless:

• (a)

  where provision is to be made for the off-site disposal of sewage, the area of each allotment to be created as a result of the subdivision is not less than 5000 square metres, and

• (b)

  where no provision is to be made for off-site disposal of sewage:

  • (i)

    each allotment to be created as a result of the subdivision has an area of not less than 5000 square metres with the average area of the resultant lots being not less than 2 hectares,

  • (ii)

    arrangements satisfactory to the Council have been made for the provision of a permanent water supply to that land, and

  • (iii)

    the number of allotments having an area of less than 2 hectares which will be created as a result of the subdivision is not more than 65 per cent of the maximum number of allotments which may be created on that land under subparagraph (i).

(2)

Nothing in subclause (1) (b) (i) prevents the Council from consenting to the subdivision of land within Zone No 1 (c) where the size of the allotments created is less than the minimum prescribed area if it is satisfied that the individual allotments have adequate provision for effluent disposal.

(3)

If:

• (a)

  land is to be provided and developed for the communal use of future owners of allotments within a subdivision of land within Zone No 1 (c), and

• (b)

  the Council is satisfied that the resultant development will enhance the amenity of the locality,

the area of the land so provided may be included in calculating the average lot size of that subdivision.

(4)

The Council shall not grant consent to the subdivision of land within Zone No 1 (c) unless it has taken into consideration:

• (a)

  the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided in relation to the density of the allotments proposed to be created,

• (b)

  the desirability of providing a range and mixture of allotment sizes,

• (c)

  whether the design of each allotment to be created by the subdivision is satisfactory for the economic provision of services,

• (d)

  the physical suitability of the land for on-site disposal of wastes, and

• (e)

  the provisions of subclause (5).

(5)

Council shall not consent to the development of a lot created within Zone No 1 (c) for the purpose of a dwelling if that dwelling is to be located less than 150 metres from the boundary of land within Zone No 1 (a) unless in the opinion of Council the development will not adversely affect the use of adjoining lands for agriculture.

16Subdivision of land within Zone No 2 (v)(1)

A person shall not subdivide land within Zone No 2 (v) so as to create an allotment to be used for the purpose of a dwelling-house unless the allotment has an area of 450 square metres or more.

(2)

Notwithstanding the provisions of subclause (1), the Council may consent to a subdivision of land to which this clause applies into lots having an area of less than 450 square metres where the resultant lots are to be used for integrated housing in accordance with clause 19.

17Dwelling-houses within Zone No 1 (a)(1)

In this clause, vacant land means land on which no dwelling is erected.

(2)

A person shall not erect a dwelling-house on vacant land within Zone No 1 (a) unless:

• (a)

  the land comprises:

  • (i)

    an existing holding,

  • (ii)

    an allotment created in accordance with this plan for a purpose other than agriculture, or

  • (iii)

    (Repealed)

  • (iv)

    an allotment created in accordance with a consent granted before the appointed day being an allotment on which a dwelling-house could have been lawfully erected immediately prior to the appointed day,

• (b)

  the land has an area of not less than 200 hectares, or

• (c)

  the dwelling-house is incidental and subsidiary to the present or intended development of that land.

(3)

One additional dwelling-house may, but only with the consent of Council, be erected on land within Zone No 1 (a) which has an area of not less than 200 hectares for each 200 hectares of the land if the Council is satisfied that each such additional dwelling-house will be occupied by a person employed or engaged in the use of that land for the purpose of agriculture.

17ADwelling entitlements on existing concessional lots

The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if:

• (a)

  the lot was created before that commencement, or

• (b)

  development consent to the creation of the lot was applied for, or granted, before that commencement.

18Erection of additional dwelling-houses within Zone No 1 (a) or 1 (c)(1)

The Council may consent to the erection of one additional dwelling-house on land within Zone No 1 (a) or 1 (c) (including the alteration of an existing dwelling-house to create 2 dwelling-houses) where:

• (a)

  no additional access to a public road is required from the land,

• (b)

  separate ownership of the land on which the additional dwelling-house is located would require the lodgment of, and consent of the Council to, a separate subdivision application,

• (c)

  in the opinion of the Council, the dwelling-house to be erected on the land will not interfere with the purpose for which the land is being used,

• (d)

  the land is not prime crop and pasture land,

• (e)

  in the case of land within Zone No 1 (a), a dwelling-house could be erected on the land in accordance with clause 17, and

• (f)

  in the case of land within Zone No 1 (c), the Council is satisfied that adequate provision is made for the disposal of effluent.

(2)

Except as provided by this plan, the Council shall not consent to the subdivision of land within Zone No 1 (a) or 1 (c) on which one additional dwelling-house is erected under this clause.

(3)

The Council must not grant a consent pursuant to this clause that may result in the existence on a piece or parcel of land of more than one dwelling-house the erection of which was consented to pursuant to this clause.

19Integrated housing development within Zone No 2 (v)(1)

This clause applies to land in Zone No 2 (v).

(2)

Development for the purpose of integrated housing may with the consent of the Council be carried out on an allotment of land within Zone No 2 (v).

(3)

The Council shall not grant consent for integrated housing on an allotment of land within Zone No 2 (v) unless it is satisfied that:

• (a)

  each proposed allotment has an area of 232 square metres or more,

• (b)

  the proposed development will make adequate provision with respect to the privacy of each proposed dwelling-house,

• (c)

  the proposed development will make adequate provision with respect to access to natural light for each dwelling-house,

• (d)

  the floor space ratio for each proposed dwelling-house will not exceed 0.5:1, and

• (e)

  adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house.

20Development which must be advertised

Development specified in Schedule 2 is identified as advertised development.

21Development along arterial roads(1)

The Council shall not consent to development on land which has a frontage to an arterial road unless:

• (a)

  access to that land is provided by a road other than the arterial road, wherever practicable, and

• (b)

  in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by:

  • (i)

    the design of the access to the proposed development,

  • (ii)

    the emission of smoke or dust from the proposed development, or

  • (iii)

    the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

(2)

The Council shall not consent to development listed in Schedule 3 on land within Zone No 1 (a) or 1 (c) if the development on the land for the purpose will have direct access to:

• (a)

  an arterial road, or

• (b)

  a road connecting an arterial road where the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.

22Environmentally sensitive land(1)

A person shall not carry out development on environmentally sensitive land for the purpose of:

• (a)

  intensive livestock keeping establishments,

• (b)

  junk yards,

• (c)

  liquid fuel depots,

• (d)

  sawmilling, or

• (e)

  stock and sale yards.

(2)

A person shall not, except with the consent of the Council, cause the destruction of trees on:

• (a)

  more than 1 hectare of environmentally sensitive land forming the whole or part of an existing holding, or

• (b)

  more than 2 hectares of the area of an existing holding, where that 2 hectares comprises environmentally sensitive land,

whichever is less.

(3)

A person shall not, except with the consent of Council, carry out development of environmentally sensitive land for the purpose of:

• (a)

  filling of wetlands,

• (b)

  draining of wetlands, or

• (c)

  construction of levees.

(4)

The Council shall not grant a consent referred to in subclause (2) unless, in the opinion of the Council, the destruction of trees on the land will be carried out in a manner which, in respect of that land and adjacent land, minimises:

• (a)

  the risk of soil erosion and other land degradation,

• (b)

  the loss of scenic amenity,

• (c)

  the loss of important vegetation systems and natural wildlife habitats and corridors, including that of threatened species, populations or ecological communities, and

• (d)

  the risk of disturbance or destruction of Aboriginal relics or places.

(5)

The Council must not grant consent to the development of land which is environmentally sensitive land unless it has referred the application to the Director-General of National Parks and Wildlife, and:

• (a)

  it has received and considered advice with respect to the application from that Director-General,

• (b)

  the Council has been notified that that Director-General does not wish to submit any advice with respect to the application, or

• (c)

  28 working days have elapsed after the date on which the application was referred to the Director-General,

whichever occurs first.

23Flood liable land(1)

A person shall not erect a building or carry out a work for any purpose on flood liable land except with the consent of the Council.

(2)

The Council shall not consent to the erection of a building or the carrying out of a work on flood liable land if the Council is satisfied that the development is likely:

• (a)

  to impede the flow of flood water on that land or on adjoining land,

• (b)

  to imperil the safety of persons on that land or on adjoining land in the event of those lands being inundated with flood water,

• (c)

  to aggravate the consequences of flood water flowing on that land or on adjoining land with regard to erosion, siltation and the destruction of vegetation, or

• (d)

  to have an adverse effect on the water table to that land or adjoining land.

24Land subject to bushfire hazards

The Council shall not grant consent to the subdivision of land or to the erection of a building on land which is subject to bushfire hazards (by reason of the vegetation on the land or on any adjacent land) unless, in the opinion of the Council:

• (a)

  adequate provision is made for access for fire fighting vehicles,

• (b)

  adequate safeguards are adopted in the form of fire breaks, reserves and fire radiation zones, and

• (c)

  adequate water supplies are available for fire fighting purposes.

25Protection of heritage items, heritage conservation areas and relics(1)

The following development may be carried out only with development consent:

• (a)

  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or

• (b)

  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or

• (c)

  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which do not adversely affect its heritage significance, or

• (d)

  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

• (e)

  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2)

Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage conservation area concerned.

(3)

When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

26Notice of certain heritage development applications

Demolishing, defacing or damaging a heritage item is identified as advertised development.

27

(Repealed)

28Development of known or potential archaeological sites(1)

The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

• (a)

  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

• (b)

  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

• (c)

  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)

The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

• (a)

  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

• (b)

  (Repealed)

• (c)

  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

29Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

30Conservation incentives(1)

The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

• (a)

  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

• (b)

  the conservation of the building depends on the granting of the consent.

(2)

When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the Council may, for the purpose of determining:

• (a)

  the floor space ratio, and

• (b)

  the number of parking spaces to be provided on site,

exclude the floor space of the heritage item (if it is a building) or of any heritage item that is a building within the heritage conservation area from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the item depends on it making the exclusion.

31Access

A person, other than the Council, shall not construct a road which has access to a public road except with the consent of the Council.

32Development along a river(1)

Despite any other provisions of this plan, a person shall not, on land to which this plan applies:

• (a)

  erect a building for any purpose on land within Zone No 1 (a) or 1 (c) within 400 metres of any bank of a river,

• (b)

  destroy any tree on land within 60 metres of any bank of a river,

• (c)

  carry out development for any purpose on land within 20 metres of any bank of a river, or

• (d)

  carry out development for the purpose of:

  • (i)

    a marina (including pontoons, jetties, piers or other structures) designed to provide mooring or dry storage for one or more vessels used for any purpose, or

  • (ii)

    filling or extraction, on land comprising the bed or any bank of a river,

except with the consent of the Council.

(2)

The Council shall not consent to the erection of a building on land comprising:

• (a)

  a bed of the river, or

• (b)

  land within Zone No 1 (a) or 1 (c) within 100 metres of any bank of the river,

unless, in the opinion of the Council, the building:

• (c)

  is ancillary to the use of that land for the purpose of a recreation area, or

• (d)

  is to be used for the purpose of fisheries, irrigation works (including the pumping and treatment of water for private domestic consumption), marinas, utility installations or the servicing of vessels.

(3)

The Council shall not grant a consent referred to in subclause (1) unless, in the opinion of the Council, the destruction of the trees or the development of the land, including subdivision of the land, will be carried out in a manner which, in respect of that land and the adjacent land, minimises:

• (a)

  the risk of soil erosion and other land degradation,

• (b)

  the loss of scenic amenity, and

• (c)

  the loss of important vegetation systems and natural wildlife habitats, including fish habitats.

33Approvals under the Forestry Act(1)

This clause applies to land within a State forest or timber reserve within the meaning of the Forestry Act 1916.

(2)

Despite the provisions of clauses 9 and 22, development may be carried out on land to which this clause applies without development consent:

• (a)

  by the Forestry Commission, if the development is authorised under the Forestry Act 1916, or

• (b)

  by any person, if the development is authorised by an authority granted under the Forestry Act 1916.

34Advertising structures(1)

A person shall not, except with the consent of the Council, erect an advertising structure on land to which this plan applies.

(2)

The Council shall not consent to the erection of an advertising structure unless:

• (a)

  the advertisement on or to be placed on the structure indicates or is to indicate the purpose for which the premises on the land are to be used,

• (b)

  in the case of land within Zone No 1 (a) or 1 (c), the advertising structure is to be used for the purpose of displaying an advertisement indicating the location of tourist facilities and places of scientific, cultural, historic or scenic interest, and

• (c)

  the Council is satisfied that the advertising structure will not interfere with the amenity of the area.

35Designated development

Despite any other provision of this plan, development declared to be designated development by clause 53C of the Environmental Planning and Assessment Regulation 1994 may be carried out on land within Zone No 1 (a) only with consent.

Schedule 1Heritage items

(Clause 5 (1))

Locality	Description
Wanganella	Peppin Merino Memorial

Schedule 2Development which must be advertised

(Clause 20)

1

The demolition of a building or work that is a heritage item (not being a partial demolition which, in the opinion of the Council, does not adversely affect the significance of the building or work as part of the environmental heritage).

2

Development for the purpose of the following:

• (a)

  boarding-houses; hotels; motels; residential flat buildings,

• (b)

  industries (other than rural industries) in Zone No 1 (a) or 1 (c),

• (c)

  intensive livestock keeping,

• (d)

  junk yards; liquid fuel depots; saw-mills; stock and sale yards.

Schedule 3Restricted development along arterial roads

(Clause 21)

Development for the purpose of:

• •

  bulk stores

• •

  caravan parks

• •

  car repair stations

• •

  clubs

• •

  commercial premises

• •

  educational establishments

• •

  hospitals

• •

  hotels

• •

  industries (other than home or rural industries)

• •

  institutions

• •

  junk yards

• •

  liquid fuel depots

• •

  mines

• •

  motels

• •

  places of public assembly

• •

  places of public worship

• •

  recreation establishments

• •

  recreation facilities

• •

  refreshment rooms

• •

  retail plant nurseries

• •

  roadside stalls

• •

  sawmills

• •

  service stations

• •

  stock and sale yards

• •

  transport

• •

  terminals

• •

  warehouses